Judgment of the General Court of 11 May 2010 - Wessang v OHIM - Greinwald (star foods)
(Community trade mark - Opposition proceedings - Application for the figurative Community trade mark star foods -Earlier Community figurative and word marks STAR SNACKS - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation No 40/94 (now Article 8(1)(b) of Regulation No 207/2009)
Language of the case: German
Parties
Applicant: Nicolas Wessang (Zimmerbach, France) (represented by: A. Grolée, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (represented by: A. Führer and G. Schneider, acting as Agents)
Other party to the proceedings before the Board of Appeal of OHIM: Greinwald GmbH (Kempten, Germany) (represented by: A. Schulz, lawyer)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 17 September 2008 (Case R 1408/2007-4) relating to opposition proceedings between Nicolas Wessang and Greinwald GmbH
Operative part of the judgment
The Court:
1. Annuls the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 17 September 2008 (Case R 1408/2007-4);
2. orders Greinwald GmbH to bear its own costs and to pay a third of Nicolas Wessang's costs;
3. orders Wessang to bear two-thirds of his own costs;
4. orders OHIM to bear its own costs.
____________1 - OJ C 32 of 7.2.2009